New decision highlights legal risks surrounding AdWords in Brazil

By Laetitia d’Hanens and Vanessa Ribeiro

A recent decision on Google AdWords represents a paradigm shift in court thinking and sounds alarm bells for both advertisers and search engines doing business in Brazil

In the midst of a political and economic crisis which is challenging Brazilian courts to decide liability for corruption crimes, a decision of the Sao Paulo State Court of Appeal has made headlines and sparked a vigorous debate on whether keyword-based advertising violates trademark law or is an act of unfair competition.

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Issue 72